Медичний арбітраж (третейство) в Україні (Arbitration in Medical Cases in Ukraine)
Journal Title: Медичне право - Year 2018, Vol 1, Issue 2
Abstract
The peculiarities of arbitration proceedings as an extrajudicial jurisdictional form of rights of subjects of legal relations in the sphere of rendering medical care protection have been highlighted. The advantages of medical arbitration in comparison with other ways of protecting human rights have been disclosed, also, there have been highlighted functions thereof, as well as international experience in the operation of the arbitration. The possibility for medical entities to apply to an arbitration court for resolving disputes arising in connection with the provision of medical assistance within the framework of contractual and tort obligations has been clarified. It has been established that cases on disputes over contractual legal relations in the sphere of medical assistance are not subordinate to arbitration courts, considering the established limitation in cl. 6 of the Law of Ukraine «On Arbitration Courts»: Arbitration courts are not subject to disputes arising on the protection of consumers’ rights, that is, medical services. At the same time, talking about tort (obligatory relations that arise by virtue of the instruction of the law), the dispute can be subordinated to the arbitration court, but a separate written agreement (arbitration agreement), which refers to the arbitration court for settlement, shall be concluded.
Authors and Affiliations
Iryna Senyuta
Keywords
Related Articles
- EP ID EP451303
- DOI 10.25040/medicallaw2018.02.042
- Views 95
- Downloads 0
Medical Neutrality as a human rights in patient care protection concept: experience of Ukraine
New for Ukrainian legal system concept of "medical neutrality", which has beendesigned to serve as a reliable "Umbrella" for human rights in the field of health care, is revealed. An attempt has been made to lay the the...
FORMATION OF MEDICAL LAW BIOETHICS AS A UNIFORM COMPLEX SCIENCE IN THE REPUBLIC OF AZERBAIJAN
The processes of globalization along with the new tendencies in the development of humanity, which have appeared in the recent decades, create new challenges for global science. The rapid introduction of new technologies...
THE CONCEPT OF E-HEALTH IN UKRAINE: LEGAL ISSUES AND IMPLEMENTATION PROSPECTS
This article deals with the concept of such new phenomenon at health care sphere, as E-health, revealing the essence and importance of this concept. The author considers its correlation with the category of telemedicine...
The strategic and legal framework for mother and child health in an accession country, the Republic of Serbia
The Constitution specifies that children, pregnant women and mothers on maternity leave, single parents with children under 7 years of age and the elderly population are to be provided with publicly funded health care. S...
OBJECTIVE ASPECT OF THE CRIME «IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES BY A MEDICAL WORKER» (Об'єктивна сторона складу злочину "неналежне виконання професійних обов'язків медичним працівником")
The features of the objective aspect of a crime, such as: non-performance or improper performance of professional duties by a medical worker, have been examined in the article. The problem of a doctor’s error in the prac...